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The EU Maritime Safety Policy and International Law
This book offers a comprehensive international law analysis of the European Union’s maritime safety legislation. This is a relatively novel field of activity of the EU, but its development has been very rapid. Since 1993, over 40 acts of EU law have been adopted, dealing with a variety of subjects, such as port State control, classification societies, vessel traffic management, ship construction, environmental protection and pollution sanctions. This legislation is analysed from the point of international law, notably the law of the sea and the international maritime conventions. Regional legislation in a field that is traditionally regulated primarily by means of international conventions...
The Precautionary Principle in the Law of the Sea
The content and status of the precautionary principle remains highly debated and various questions arise, such as its status as a rule of customary international law, including its scope, addressee, triggering threshold, precautionary action measures, and eventually limits of the principle. Thus, this book examines the present state of affairs regarding the implementation of the principle in the law of the sea in different sectors, e.g. pollution of the marine environment, conservation and management of living marine resources, and transboundary transports of radioactive and hazardous wastes. In addition, it extracts evidence of its acceptance as part of customary international law, and indicates that below this level there is also an emerging practice of international law of applying the precautionary principle in a common way.
Specially Protected Marine Areas in the Exclusive Economic Zone (EEZ)
This thesis examines the question of what States are legally empowered to do under international law when they seek to protect certain areas of their Exclusive Economic Zone (EEZ). In this context, the regulation of shipping and other human activities under the Law of the Sea Convention and, in particular, the regime for special areas under Article 211(6) of the Convention are addressed. Global and regional instruments containing mechanisms to protect specific areas are discussed and relevant State practice is considered with a view to possible implications on customary international law. Finally, guidance is given as to what States can practically do to protect specific areas of their EEZ for environmental reason. (Series: Schriften zum See- und Hafenrecht - Vol. 18)
Vessel-Source Pollution and Coastal State Jurisdiction
After seven years of work, the Committee on Coastal State Jurisdiction Relating to Marine Pollution of the International Law Association concluded its work by submitting its final report for discussion at the occasion of the London conference, July 25-29, 2000. This book brings together the different official reports submitted by this Committee at the 1996 Helsinki, 1998 Taipei, and 2000 London conferences, as well as some preparatory documents necessary for the correct understanding of these just-mentioned reports. The Committee concentrated its work on vessel-source pollution and made it a central objective of its work to produce results which could facilitate the interpretation of the 198...
The 1982 Law of the Sea Convention and the Regulation of Offshore Renewable Energy Activities within National Jurisdiction
There are various environmental and legal challenges arising from offshore renewable energy activities which were not foreseen at the time of the negotiation of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). This book explores how UNCLOS has evolved to adapt to these new challenges through legal mechanisms and examines what gaps may remain and how they should be filled. The book highlights the process of normative reinforcement in the regulation of offshore renewable energy activities whilst maintaining the fundamental balance of interests between the coastal State and other States.
The Polar Regions and the Development of International Law
A review of international law in the polar regions and its importance to the environment and to international relations.
State Responsibility for Interferences with the Freedom of Navigation in Public International Law
Conventions covering the law of the sea contain provisions on compensation for wrongful interferences with navigation, though they are rarely applied. This book analyses all relevant compensation provisions and compares them to the general law of state responsibility. The author discusses such issues as the responsibility of international organizations, liability for lawful conduct, and several and joint liability in public international law.
Recueil Des Arrêts, Avis Consultatifs Et Ordonnances
The International Tribunal for the Law of the Sea is an independent judicial body established by the United Nations Convention on the Law of the Sea to adjudicate disputes arising out of the interpretation and application of the Convention.The Tribunal is open to States Parties to the Convention and, in certain cases, to entities other than States Parties (such as international organizations and natural or legal persons).The jurisdiction of the Tribunal comprises all disputes submitted to it in accordance with the Convention. It also extends to all matters specifically provided for in any other agreement which confers jurisdiction on the Tribunal.This volume contains the Judgments and Orders...
Transboundary Offshore Aquifers
In Transboundary Offshore Aquifers: A Search for a Governance Regime, Renee Martin-Nagle explains the geologic origins of offshore freshwater aquifers and proposes a governance regime for offshore aquifers that are shared by two or more nations. While the existence of freshwater offshore aquifers under continental shelves has been known for decades, none discovered thus far straddle an international border. In the event that an offshore aquifer shared by two or more nations is identified and targeted for development, selection of a governance regime for the aquifer will present a unique challenge, and several current legal systems could provide valuable guidance. While laws addressing transboundary land-based aquifers are still in a nascent stage, customary international law for surface water has evolved over centuries and could provide analogous rules for development of another freshwater resource. This monograph explores principles for sharing natural resources and proposes a governance regime for transboundary offshore aquifers.
